Concerning The Special Status Of Public Servant In The Ministry Of Internal Affairs

Original Language Title: privind funcţionarul public cu statut special din cadrul Ministerului Afacerilor Interne

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    The Parliament adopts this organic law.


Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. Subject matter and scope (1) this Act establishes the legal framework of the report of the public functionary service with special status in the central apparatus of the Ministry of Internal Affairs, in the framework of administrative authorities and institutions under the posts for which they are provided for this category of staff, also the rights, duties, prohibitions, restrîngerile and specific regulations regarding incompatibilities, discipline, legal protection and social.
(2) in the central apparatus of the Ministry of Internal Affairs shall establish special status functions for the exercise of the powers of the Ministry concerning the elaboration of public policies, collaborating with other public authorities to regulate the activity of the Ministry and coordination of the areas placed under its jurisdiction.
(3) public functions with special status established in the central apparatus of the Ministry of Internal Affairs shall represent the Assembly in the following fields of competences: integrated operational management of interinstitutional cooperation and support decision making, strategic planning of forces and means, interoperability, development, monitoring and evaluation of public policies, management tool with special status, internal protection and fight against corruption.
In article 2. Definition of terms for the purposes of this law, the following terms shall be defined as follows: public functionary career with special status-overview and legal consequences that arise from the emergence of the service until its expiry date according to the provisions of the laws in force and the individual options of the special status of public functionary;
contest-way for the selection of candidates to fill a vacancy, or for admission to the educational institutions of the Ministry of internal affairs in accordance with the legislation in force;
exercising public function with special status-duties and obligations of service are determined by law and by other regulations applicable to the public officer with special status;
civil servants with special status-person employed within the central apparatus of the Ministry of Internal Affairs, the administrative authorities or institutions in its subordination, which holds degrees and special exercise tasks pertaining to the jurisdiction of the entity in accordance with the legislation in force;
public function with special status-overview of duties and responsibilities of public functionary with special status set out in pursuit of the specific powers of the entity;
Liaison Officer of the Ministry of internal affairs-representative of the Ministry of Internal Affairs posted at an institution in the Republic of Moldova, a diplomatic mission or an international organisation to represent the interests of the State.


Chapter IIFUNCŢIONARUL the PUBLIC with SPECIAL STATUS in article 3. Public servant with special status (1) quality of civil servants with special status occurs and ceases under this law.
(2) civil servants with special statute differentiates into categories, depending on the specific tasks and responsibilities assigned to it by the job description, and by education level corresponding to the function occupied.
(3) within the limits of the powers assigned by law, a public officer with the special statute is vested with powers and duties during and in connection with the exercise of the Tribunal's special status.
(4) a public Officer with special status set in or in connection with the exercise of their function is representative of the State and under its protection under the law.
(5) For the public servant with special status are specific occupational standards as established by the Ministry of internal affairs.
(6) training of public functionary with special status is organized and carried out in accordance with the regulations of the Ministry of Interior, on the basis of occupational standards and training.
Article 4. Distinct nature of professional public with special status (1) the nature of the professional public service with distinctive special status is conferred by the type and characteristic conditions of service tasks provided for in the regulations, namely: the professional principles);
b special grades);
c) career system;
d) vocational training;
public function e) exercise special status according to legal duties within the competence given the entity;
f) port, typically of uniform, distinctive marks of the ticket and the service;
g) application of the law, of physical force, special means and firearms;
h) fulfilment exclusively for the benefit of the citizen and the community, which requires taking a special behaviour of certain prohibitions and restrictions to restrict the exercise of individual rights, fundamental and introduction of incompatibilities;
I) unescorted professional intervention with a high degree of risk to life and health, involving intense physical and mental efforts and extended;
j) the emergence of professional situations which may jeopardize the lives, personal safety and public functionary with special status.
(2) taking into account the distinct nature of professional, public servant with special status shall receive entitlements and severance conditions granted by law.
Article 5. Principles of professional conduct of the public office worker Activity with special status of public functionary with special status are carried out exclusively on the basis of the law and for its execution, in the interest of the person and the community, according to the principles of professionalism, confidentiality, professional integrity and loyalty, stability in public office, collaboration and cooperation, impartiality and non-discrimination, transparency, objectivity, efficiency, responsibility and accountability.
In article 6. Ensuring the public office worker activity with special status

1. the official public occupies the special status of his professional functions appropriate quality and meets only related tasks resulting from the provisions of the laws in force and of the job description.
(2) a public Officer exercising the power with a special status to the public.
(3) managers and superiors bear responsibility according to the law for illegality provisions that give them, the activities they organized and carried out.
(4) a public Officer with specific status has ensured the independence necessary for operational duties and the tasks incumbent on it.
(5) public Servant with special status, regardless of the level of the hierarchy that operate, is responsible personally for the way of fulfilling the duties and tasks set out legal provisions and data also subordinates responsible for intentional misconduct and errors committed.
(6) special status public Servant is entitled to refuse in writing and reasoned, fulfilling the provisions received from his superior hierarchical structure if they are illegal. These situations to special-status public servant should bring them to the attention of the authority of the person who gave the disposal.
Article 7. The solemn oath of a public officer with special status (1) a public Servant with special status award submit a solemn oath with the following content: "I, (special grade, first name, surname), solemnly swear to be devoted to the Republic of Moldova, to respect and to apply correctly and fair-minded Constitution and laws, to defend the interests and authority of the State. I swear I'll be honest, disciplined and courageous, vigilant, to keep secret and not to disclose any official information with restricted access. I swear to conscientiously and carries on precisely the obligations entrusted to the orders of superiors and regulations, to respect and to protect the rights, freedoms and legitimate interests of individuals, to defend the legal order, public heritage and the private. If you violate this oath, are ready to support the rigors of Moldovan laws. "
(2) the submission of sworn solemn is established by the Ministry of internal affairs.
Article 8. The public functionary's personal folder with special status (1) public functionary's personal Folder with special status means the totality of the acts or information containing personal data and professional about the person exercising a public function with special status.
(2) in respect of each public servant with special status shall be made a single personal dossier throughout the period of service in the Ministry of internal affairs.
(3) a public Officer with special status has right of access to his personal file and the data included therein, except restricted documents, according to the legislation in force.
(4) do not allow the annexation of the personal dossier documents unrelated to the professional activity of public functionary with special status or those relating to his political opinions, religious or otherwise.
(5) the contents of the file and of the labour book of public functionary with special status, how to keep them, how to ensure the confidentiality of data and access to them and how to release the children after they are composing documents shall be established by the Ministry of internal affairs.
(6) In the book the special status of public functionary shall be recorded data on its work relating to the hiring and termination of service without detalizarea the occupied stations.
(7) at the request of the special status of public functionary shall be issued detailed confirmation of posts held by him.


Chapter III the CLASSIFICATION of PUBLIC FUNCTIONS with SPECIAL STATUS and SPECIAL GRADES of public 1Funcţiile Section with special status in article 9. Classification of public functions with special status (1) public functions with special status shall be classified as follows: a) leadership positions;
b) execution functions.
(2) the hierarchy of public functions with special status in relation to the nature and complexity of the tasks, with the level of importance and responsibility, as well as their compliance with special ranks shall be approved by the Government.


Section 2-special aGradele Article 10. Classification of special grades (1) civil servants with special status are granted special degrees under the present law.
(2) civil servants with special status falls into two categories, which are defined in relation to the special ranks, complexity and nature of tasks and level of education required, namely: body of non-commissioned officers Corps.
Article 11. Hierarchy of degrees (1) special Grades of NCO Corps and related timelines of respective grades are the following: a 1-year)-agent;
b superior agent-2);
c) main agent-3 years;
d) Deputy Chief agent-4 years;
(e) the Chief agent)-5 years;
(f) the Chief agent).
(2) special Grades of officers and body related timelines of respective grades are as follows: the inspector-2 years);
b) senior inspector-3 years;
(c) principal inspector-3) years;
d) Commissioner-4 years;
e) main-5 years Commissioner;
f) Chief Commissioner;
g Constable;)
h) Chief Constable;
I) Constable general.
(3) There shall be fixed time-limits of special grades specified in paragraph 2. (1) (a). f) and paragraph 3. (2) (a). f)-i).


Chapter IVCARIERA of CIVIL SERVANT with SPECIAL STATUS in article 12. Regulation of career (1) under the terms of the present law is to regulate public functionary career with special status: a) the engagement of public functions;
(b) the granting of special grades), withdrawal, and restore the demotion in rank;
c) vocational training;
d) promoting;
e) conferring skill categories;
f) motivation;
g) performance appraisal;
h) modifying the report service and suspension from Office;
(I) cessation of the service report).
(2) professional career Management of the public official's special status is ensured by the Ministry of Internal Affairs, and the rules and conditions on the evolution of his career are approved by the Government.


Section 1Angajarea in public functions with special status in article 13. Requirements for engaging in functions

                          special status In public public functions with special status from the Ministry of Internal Affairs may be committed to any person, regardless of race, nationality, ethnic origin, sex, religion or social origin, which meets the following requirements: a) holds Moldovan citizenship;
b) knows the State language;
c) has attained the age of 18 years;
d) is suitable in terms of healthcare for the exercise of the function, in accordance with the decision of the medical Ministry of Internal Affairs;
e) studies necessary for the position has to be employed;
f) does not have a criminal record;
g) does not have the status of suspect, accused or defendant during a criminal trial;
h) has a flawless reputation;
I) has not been dismissed from public office with special status for misconduct;
j) is not a member of a political party, a social-political organizations or organizations prohibited by law;
k) special requirements provided for by law.
Article 14. Ways of employment public functions with special status (1) Occupying public functions with specific vacancies or temporary vacancies at the Ministry of Internal Affairs shall be achieved by: (a));
b) promotion;
(c));
d) detachment;
e) ensuring interim.
(2) the competition shall be held in the conditions provided for in this law.
(3) procedures for conducting the competition for public functions shall be approved by the Government.
Article 15. Engage in public functions with special status (1) In public functions with special status are usually employed graduates of educational institutions of the Ministry of internal affairs or of other educational institutions that prepare personnel for the Ministry of internal affairs.
(2) officers may be recruited and from internal source of enlisted possessing appropriate specialties in the requirements of the job description.
(3) bridging the gap of civil servants with special status can be done by hiring staff from external source, in number and for specialties approved by the employer, where there is no possibility of personnel training in educational institutions of Ministry of internal affairs.
(4) engage in public functions with special status under the terms of paragraph 1. (2) and (3) shall be made by competition, except for employment through one of the other public authorities.
(5) by way of derogation from paragraph 1. (4) for some positions, hiring shall be made in accordance with the procedure laid down in the nomenclature and the Interior Ministry.
(6) the previous commitment in public office with special statute, candidates for the vacant posts are subject to special control in the manner regulated by Ministry of internal affairs.
(7) the candidate promoted the contest may be appointed only after expression of consent in written form concerning: (a) his professional integrity) testing and monitoring of his life;
(b) periodic testing) its psychological skills necessary for the performance of duties;
c) testing during periodic inspection times selective service activity in accordance with the provisions of law No. 269-XVI dated 12 December 2008 on the application of the test to the simulated behavior detector (polygraph);
d) processing of data with personal information in accordance with the law.
(8) public employment, the official special status is subject to the compulsory State dactyloscopy registration, in accordance with the legislation in force.
(9) employment, public servant with special status becomes aware, against signature, the rules of conduct applicable, restrictions and prohibitions laid down by law.
(10) engaging in public office with special statute shall be made by order of appointment issued by the employer or the person empowered by him.
(11) persons subject to military service, engaged in public offices with special status, it radiates from military records and shall be recorded in the records of the Ministry of Internal Affairs during the completion of the service.
(12) Employment Skills, as well as the manner in which their delegation are set out in the nomenclature approved by the Government.
Article 16. Probation (1) Is deemed to be a public servant with a special status that person he is new to the public with a special status within the Ministry of Internal Affairs for the first time.
(2) trial period aims at verifying the knowledge, skills and professional skills in performing public function with special status, the formation of the special status of public functionary award at work, as well as knowledge of the specifics of the activity of the Ministry of internal affairs.
(3) the duration of the probationary period is at least three months and not more than 12 months and shall be determined according to the job description to which he had access to the candidate.
(4) the probation officer, the public with special status award is bound to continue their training.
(5) upon expiration of the trial period, special status public servant award: a) is confirmed according to the evaluation of professional activity if he obtained at least "satisfactory";
b) is dismissed if the evaluation of professional activity he received "unsatisfactory".
(6) the trial period shall be taken into account in calculating length of service in the public service with special status, except in the case specified in paragraph 1. (5) (a). b). (7) the procedure for the Organization of the trial period, the procedure for the assessment of the public office worker activity with special status award, rights and obligations of its approval by the Government.
Article 17. Professional integrity testing

(1) professional integrity Testing represents a method for checking the way in which the public officer shall comply with the statutory obligations of professional conduct or conduct, as well as a method of identification, evaluation and elimination of vulnerabilities and risks which leads to commit acts of corruption, corruption related acts or deeds of corupţional behaviour, or to admit to improper influences in connection with the performance of his service compensating in creating virtual situations, similar to those with which it is faced in exercising the functions of service, whether through covert operations, detailed by its behavior, in order to establish and conduct adopted and reaction.
(2) professional integrity Testing shall be carried out under the terms of the legislation in force.
(3) the result of the test shall be the employer's professional integrity, that examines employee behavior manifested in framework of professional integrity and, where appropriate, to decide the application of disciplinary sanctions under the law.
(4) result of test integrity of the special status of civil servant appointed by the Government shall be forwarded to the Government for the purpose of subsequent decisions.
(5) materials that secures the public functionary's behavior with special status during the test of professional integrity is preserved in the manner established by the legislation in force.
Article 18. Monitoring Monitoring lifestyle lifestyle of public functionary with special status, as a measure for ensuring the integrity of his professional activities, which shows compliance level of living to the level of remuneration shall be carried out by a specialized entity of the Ministry of internal affairs in the manner regulated by Ministry of Internal Affairs, in accordance with the legislation in force.


Section 2 of the aLimita public function with special status in article 19. Age limit in public office with special status (1) civil servants with special status may hold public office with special status until achieving the following limits of age: a) 50 years for non-commissioned officers;
b) 55 years-for officers, with the exception of Marcus Licinius Crassus, Quaestor Quaestor and general age limit is 60 years old.
(2) the maintenance of the public office with special status over the age limit laid down in paragraph 1. (1) may be held for a maximum period of five years throughout their career. The extension is done annually by the employer or the person empowered by him, provided that the special status of public servant to be accepted for service by the decision of the Medical Department of internal affairs.


Section 3-special ranks aAcordarea.


Withdrawal, and restoring the demotion degree specifically in article 20. Granting special primary grades (1) primary Grade special agent or inspector shall entitle the person to engage in the service function for that which is given special ranking respectively.
(2) in the case of direct engagement or transfer of specialists from the national defense organs, State security and public order or other organs for the protection of the law and norms that hold military ranks, special times they may be awarded a special degree equivalent military rank held in special times as established by the Government.
(3) in the case of the commitment for the first time in a public function with the special status of driving licence, the person is given a special degree one notch lower than the maximum established for the position in question, but no bigger than the main inspector.
Article 21. Granting special degree following (1) the following shall be granted special ranking following the expiry of the previous degree provided that the provisions of paragraph 1 shall be cumulative. 3. (2) consistency between public functions and special grades with special status is provided in the classification of functions and corresponding special grades approved by the Government.
(3) For the grant of special grade, public servant with special status must meet the following cumulative conditions: a) to fulfill the term of the special ranking prisoner;
b) to occupy a position which allows the granting of special grade;
c) obtain a mark of at least "good" at the last annual assessment of performance;
d) to meet the other conditions laid down by this law.
(4) shall not be granted special ranking next public functionary with special status: a disciplining) sanctioned by the lifting of the sanction or until expiry of the period in which the disciplinary sanction shall take effect;
b) which is the subject of investigation;
c) quality of the suspect, accused or defendant during a criminal trial;
d) annual leave for child care;
e) suspended from a function, except as provided for in article 10. 76 lit. the a and b)) and art. 77 lit. b) and e1) of the labour code.
(5) the term of Office in a particular grade is calculated from the day the grant thereof.
(6) the period of stay in a special degree does not include: a) the period during which public officer with special status is under criminal investigation, unless it was under criminal investigation or had been acquitted by a final judgement;
(b) the period within which the official) public enjoys special status other than leave rest annually, at rest, at annual or additional studies;
c) the period within which the disciplinary sanction of downgrading from grade special effect.
(7) in the cases of unjustified delay granting degree particular to recalculate the term of degree that includes the deferral period neimputabilă public functionary with special status.
(8) in exceptional cases, in gratitude for the special merits towards the State and society, the following shall be granted special ranking and pensioners of the Interior Ministry under the terms of art. 23. Article 22. The following degree granting special ahead of schedule

(1) for outstanding achievements in the performance of job duties, the special ranking next to the rank of Chief Commissioner, may be given the right encouragement, once during her career, after the expiry of at least half of the term of special rank held, pursuant to article. 21. (3) (a). b) and (c)).
(2) the special status of public functionary who sacrificed their lives in the performance of their duties shall be granted special post-mortem rank of inspector, in the case of non-commissioned officer, or level up to the Chief Commissioner, including, in the case of officers.
Article 23. Skills for entitlement to special grades (1) Skills for entitlement to special grades are the following: (a)) grades of Special Constable, Constable and Chief Constable is granted general by the President of the Republic of Moldova upon proposal of the Minister of Internal Affairs, coordinated with the Prime Minister;
b special, degrees) except as provided in (b). to be granted), in accordance with the powers established by the Ministry of internal affairs.
(2) the Minister of internal affairs can cancel the administrative provisions relating to the granting of special grades issued in contravention of this law.
Article 24. Withdrawal of particular grade demotion from the rank and restoration (1) special ranking may be withdrawn by a final decision of the Court.
(2) one notch Demotion from the special ranking shall be made by the employer or the person empowered by him as a disciplinary sanction for serious according to the present law.
(3) a public Officer with special status in the household is restored demoted special, regardless of function occupied one year from the date of issue of the scope of the sanction order.
(4) neither the demotion in rank from consecutive degree nor repeated's demotion at the same time recognizing the special degree.


Section 4 of the public functionary aFormarea with special status in article 25. Responsibilities on training (1) the Ministry of Internal Affairs, the administrative authorities and institutions under its organizes, through specialized structures, initial and continuing training of civil servants with special status.
(2) vocational training development is an obligation of the public functionary service with special status.
(3) the level of training of the special status of public functionary shall be entered in his or her professional performance evaluation and the results of his are used in the justification of decisions relating to the evolution of its career.
Article 26. Initial vocational training (1) if the employment of persons who have graduated from educational institutions other than those of the Ministry of Internal Affairs, except those who have formed a professional command of the Interior Ministry, those people undergoing initial training prior to exercising functional according to the job description, as established by the Ministry of internal affairs.
(2) initial training of civil servants with special status is carried out within the framework of educational institutions of the Ministry of internal affairs or, where appropriate, in other educational institutions.
(3) civil servants with special statute delegates to the training courses or professional development programs in educational institutions of Ministry of internal affairs or in other educational institutions that prepare themselves for this Ministry, including the higher education of bachelors and masters in the country or abroad, have signed a pledge by which assumes the obligation to serve in the Ministry of internal affairs after graduating from forms of professional development in the manner established by the Ministry of Interior.
(4) a public Officer with special status that he graduated from an institution of education of the Ministry of Internal Affairs of State budget money and ceased service report in the first 5 years of activity for the reasons specified in article 16. 38 para. (1) (a). a), g)-r) and t)-w) for expenses reimbursed proportionately with the remainder up to 5 years, in the manner established by the Ministry of internal affairs.
Article 27. Continuous training (1) in-service civil servants with special status is achieved by the following means: a) at work;
b) within educational institutions of Ministry of Internal Affairs;
c) in other educational institutions in the country and abroad.
(2) the change is made in the following specialty graduate courses organised for this purpose.
(3) the forms of training, type, duration of programmes and the Organization of training activities are established by the Ministry of Internal Affairs, and customizing them is achieved by regulations of administrative authorities or institutions in its subordination.
(4) a public Officer with the special status of delegate education training abroad by the employer or person authorized by him shall enjoy during the trials of all rights guaranteed by this law, without modifying the report.


Section 5-aAccederea in public office with superior special status in article 28. General terms and conditions relating to a particular public offices with hierarchically superior status (1) superior execution Functions and driving functions of the Ministry of internal affairs are occupied in the manner established by this law. In the event that 2 or more candidates meet the conditions for a function, the selection is done on a competitive basis.
(2) the conditions for employment of a hierarchically superior functions are: a) professional competence, attested to by evaluation of performance;
(b) compliance with the requirements of) the job description for applicants;
c) graduating some refresher courses, training, retraining or management, as appropriate;
d) professional experience in the field;
e) promoting special control.


Section 6 skill Categories

Article 29. Skill categories

(1) the special status of public functionary can confer, in successive order the following categories: category a) specialist;
b) category I specialist;
c superior category) specialist "Master".
(2) the categories of the qualification is conferred based on the grades obtained at the annual evaluation of the performance.
(3) the procedure and conditions for conferring qualification categories shall be determined by the Ministry of internal affairs.


Section 7-aEvaluarea performance Article 30. Performance appraisal (1) the work and conduct of civil servant with special status are evaluated once per year, and the findings should be reported in the performance review, with the granting of one of the following qualifiers: "very good", "good", "satisfactory", "unsatisfactory".
(2) the evaluation of the performance of the public office worker with special status are taken into account when making decisions regarding: a) the establishment rises indemnifications, and other add-ons to salary;
b) promotion;
(c) the granting of special grades);
d) conferring skill categories;
e) participating in vocational training programmes;
f) cessation of service.
(3) the procedure for organizing and conducting the evaluation process on performance, and evaluation criteria are established by the Ministry of internal affairs.


Section 8-aApariţia, amendment and termination of service of article 31. The emergence of service report report of the public functionary service with special status at the date of appointment of the person occurs depending on under this law.
Article 32. Modifying service report report of the public functionary service with special statute is amended: (a));
b) detachment;
(c) suspension of duties);
d) ensuring interim;
e) promotion;
f) reflow.
Article 33. Transfer and sending the travel service (1) the transfer of the special status of civil servant assumes he is appointed in a position temporarily vacant or vacant within the same administrative authority or in another administrative authority of the Ministry of internal affairs.
(2) the transfer of the special status of civil servant is made into a function equivalent to that owned or in a lower-level function at the written request of the officer.
(3) the reference in travel service has special status of civil servant is subject to the provisions of the labour code.
(4) In case of transfer in the interests of the service, at the initiative of the employer or the person delegated by him, in the Ministry of Internal Affairs, in public office with special status that require moving to another locality, the official public occupies a special status of transfer allowance equivalent to a monthly salary plus 50% of his monthly salary for each family member also for reimbursement for transportation and personal property of the family members who accompany him.
In article 34. Posting (1) Posting of public functionary with special status, as a way of amending the report service is carried out under an order of the employer or the person authorized by him, with the written consent of the official and in accordance with the provisions of the laws in force.
(2) a public Officer with special status may be posted to: a) the institutions of the Republic of Moldova, in accordance with a decision of Parliament, through Presidential Decree, pursuant to a decision of the Government, of an order of the Minister of Internal Affairs, of the employer or the person authorized by him;
b) to diplomatic missions or international organisations, in accordance with the legislation in force and international treaties to which Moldova is a party.
(3) Posting of public functionary with special status is carried out within the time limits and under the conditions laid down by the legislation in force.
(4) during the period of the deployment, the official public with special status retains the special status and enjoyment of the rights established by this law and other normative acts.
(5) if the wages for the function in which the public servant is posted with a special status different from that of the basic work, the official shall receive the most advantageous conditions.
(6) the posting of public functionary with special status from the Interior Ministry criminal investigation groups on criminal cases pursued by public prosecutors or criminal investigation officers from other organs of criminal prosecution shall be carried out in compliance with the legislation in force.
(7) post abroad shall be made by written agreement of the employee and the employer.
(8) In accordance with national legislation concerning the posting of diplomatic service, transfer to the diplomatic missions of the Republic of Moldova shall be made by order of the Minister of Foreign Affairs and European integration, on the proposal of the Minister of internal affairs.
(9) the procedure for the selection, training and appointment of officers of the Ministry of internal affairs within the diplomatic service shall be fixed by mutual agreement between the Ministry of Internal Affairs and the Ministry of Foreign Affairs and European integration.
(10) the assessment of the activity of the liaison officers within the diplomatic missions of the Republic of Moldova shall be carried out by the Ministry of Internal Affairs and the Ministry of Foreign Affairs and European integration.
Article 35. Suspension of duties (1) in addition to the statements provided for by general normative framework, suspension from public office with special status and shall be carried out in the following cases: a) during apprehension, arrest or arrest at the home of the official;
b) in the case of official-up to declare the disappearance without a trace or until Declaration of the death of the latter, in the manner established by law.
(2) the suspension of the special status is carried out by order of the employer or the person delegated by him, in accordance with the legal provisions.
(3) in the case of suspension, the official public with special status is required to hand over all the documents and the goods entrusted to it for use in the work.
To in article 36. The interim duties overlapping of functions (1) the exercise of a public office on a temporary basis with specific vacancies or temporary vacancies may occur through interim or function through aggregation of functions.

(2) interim public with special status is achieved through the performance of the tasks set out in the job description relating to the tool for the interim. Not be considered interim situation where public function with the special status of leadership is exercised by the holder concerned function Deputy in his absence.
(3) an Interim public officials with special status vacations may not exceed 6 months. Specified period may be extended by a maximum of six months if there has been held a contest and public function has not been occupied.
(4) during the period of temporary insurance, which provides interim person function is occupied by another person for a specified period.
(5) if the wage corresponding to the civil service with special status for the interim, the official shall be entitled to this.
(6) the cumulation of functions occurs by exercising his function and duties of a vacancy.
(7) for the aggregation of a function, the special status of civil servant will pay a salary supplement in the amount of up to 100% of base salary for the aggregate function provided in proportion to the work done. The supplement is not paid if the deputies who cumulates the functions of management.
Article 37. Reflow according to (1) In case of extinction of the reasons that have caused the suspension from Office or, where appropriate, upon expiry of the period for which the application has been approved, the person is reinstated in the special status is pursued before the suspension.
(2) the person's return to public office with a special status before the expiry of the period for which it was approved the suspension of function is done at his request, filed at least 14 days prior to reflow.
(3) the period of suspension from public office with special status, the ratio of service cannot be terminated and cannot be changed on the initiative of or with than agreement on the special status of civil servant in question, except in the situation where the ratio of the service is terminated in the circumstances that do not depend on the will of the parties.
Article 38. Termination of service (1) the report of the public functionary service with special status may cease in the following situations: a) resignation;
b) upon reaching the age limit in the service, except as set out in art. 19 para. (2);
c) after accumulation of seniority at work that allows the right to a pension, with the exceptions set out in this law;
d) after the expiry of the report determined service or if reîncadrării to another public official with a special status in its place before the expiry of the period for which it was approved the suspension of the light;
e) for health reasons, in case of his inability to exercise a public function with special status in accordance with the decision of the medical Ministry of Internal Affairs;
f) in the case of the liquidation of the entity or of the reduction of his post from the personnel, if the official cannot be classified in other public office with special status or refuse his transfer to another function;
g) in the case of obtaining the word "unsatisfactory" as a result of his professional performance evaluation;
h) refusal to frequent training courses on which it is sent as a result of evaluation with graded "satisfactory";
I) in the case of transfer to another public authority;
j) for repeated infringements of service discipline in the course of a year or for committing a serious infringement;
k) for failure to comply with the restrictions and prohibitions for public office be established with special status, referred to in this law;
l) for presenting false documents, information or distorted for concealing certain facts that would hinder the employment of its public function;
m) in the case of conviction on the basis of a final court judgment in the case, including the date of limitation, for facts that discredit the quality of civil servants with special status;
n) where it is established, through an act of finding definitive issue remained/adoption of an act, the conclusion directly or through a third person of a legal act, making or participating in making a decision with no real conflict of interest in accordance with the provisions of legislation regulating conflicts of interest;
a) in the case of the finding of a State of incompatibility, established by an act of finding remained;
p) where nedepunerii Declaration of wealth and personal interests or of refusal to submit, pursuant to article. 27(2). (8) of law No. 132 of 17 June 2016 with respect to the national authority of integrity;
q) where the Court has, by a final decision, his unjustified confiscation;
r) with the loss of citizenship of the Republic of Moldova;
s) in case of death;
t) in the case of nepromovare examinations training courses;
u) for obtaining the word "unsatisfactory" in the assessment of his professional activity after the expiry of the probationary period;
v) with the withdrawal of the right of access to official State secret if it cannot be classified in transfer times refuses another public office with special status consistent with its field of activity and that does not provide access to State secret;
w) in the case of a refusal to file the oath.
(2) the termination of service of public officers with special status in the cases referred to in paragraph 1. (1) (a). f)-(h)), j)-l), t) and u) takes place through the dismissal of the special status of public functionary at the initiative of the employer or the person authorised by him.
(3) Termination of service of public officers with special status in the cases referred to in paragraph 1. (1) (a). b)-(e)))))) and w) occurs in circumstances that do not depend on the will of the parties.
(4) in the event that causes the accumulation of preconditions for the application of paragraph 1. (1) (a). (c)), the report of the public functionary service with special status may be extended by common agreement of the parties for a specified period. In the case of the official's pension by the Ministry of Internal Affairs, the ratio of its service may be extended for a specified period that will not exceed five years calculated from the date of the subsequent cumulative reîncadrării the establishment of the pension.

(5) in the case of termination of service under the conditions of paragraph 1. (1) (a). (f)), the employer is obliged to grant him special status of civil servant with a period of notice of 30 days, with a reduction in the programme of work up to two hours daily, while maintaining wage payments due. The term of notice does not include the period during which public officer with special status is in annual leave, unpaid leave, any period of its suspension of duties for reasons of illness or trauma.
(6) Preavizarea in connection with the termination of service for a reason other than that referred to in paragraph 1. (1) (a). f) is not mandatory.
(7) the transfer of the special status of public functionary between the administrative authorities of the Ministry of internal affairs or other authorities is done with the written consent of the employee and the employer or the person authorized by the employer.


Section 9-aTimpul of article 39. Working hours are (1) the duration of work of civil servants with special status is 40 hours.
(2) the forms of organization of work time, work schedule, track job time overall and resting weekly for civil servants with special status shall be determined by the employer in accordance with the legislation in force.
(3) in the case of additional labor, civil servants with special statute shall be provided with compensation for extra time worked according to legal norms.
(4) to attract civil servants with special status at extra work in rest days and non-working holidays shall be carried out as stipulated by the labour law, on the basis of an administrative act of the employer or of the motivated person empowered by him, which shall be brought to the attention of employees against signature, so as to ensure continuity of service, and the ability of the entity.
(5) where the service under the terms of paragraph 1. (4) civil servants with special statute shall receive, under the table, staffing, attendance in the manner established by the legislation in force.


Section 10-aConcediile Article 40. Vacations and how to grant them (1) civil servants with special status are entitled to paid annual holiday, additional annual leave annual leave with pay, unpaid paternity leave, and other leave provided for by the social legislation in force.
(2) civil servants with special status are granted annual leave of 35 calendar days annually, which increases as follows: a) with 5 calendar days for a length of work over 10 years;
b) 10 calendar days for a seniority of more than 15 years;
c) 15 calendar days for a seniority of more than 20 years.
(3) the duration of paid annual leave is rest does not include non-working holidays, any period of leave.
(4) civil servants with special status shall receive additional paid annual leave, whose motivation and envisages collective contracts and collective agreements.
(5) the period of parental leave, paternity leave, official public occupies a special status paternală compensation which shall not be less than the size of the average salary due for the period concerned and who is paid from the State budget (6) maternity leave and leave for child care partly paid up to the age of 3 years including his wife public officer with special status , its upkeep, leave to care for a sick child aged up to 10 years and leave for the care of the child aged up to 18 who suffer from a disease or cancer has a disability for intercurrent civil servants are granted special status in accordance with the General provisions.
(7) the basis for calculating the amount of compensation awarded for and leave referred to in paragraph 1. (6) shall be determined in the manner prescribed by law. 289-XV of 22 July 2004 on allowances for temporary incapacity for work and other social security benefits, in the same way as insured persons.
(8) the allowances granted in respect of leave under paragraph 1. (5) and (6) shall be paid to the work of the public official's special status from the State budget. Article 41. Calculation of seniority in employment which provides the right to annual leave per year in length that conferring the right to annual leave annually include the following periods: a) military service, special service in the bodies of Internal Affairs, police and border police, Customs Service (since 20 March 2005), Department of civil protection and exceptional Situations of armed forces , of the National Center, of intelligence and security, the Department of penitentiary institutions, of the service of protection and State guard, State Department special courier, of the Department of State of the Republic of Moldova for the military matters and other military formations (Special) created in accordance with legislation of the Republic of Moldova;
b) periods of activity within which authorities were reorganised in specified in (b). a);
c) within service internal affairs bodies, the armed forces, the State security bodies and organs for exceptional circumstances of the former USSR and other countries;
d) periods of activity in ministries and departments, institutions and civil organizations, with the active duty or as a public official with a special status in the structures of the States referred to in a);
e) periods of service in the public service;
f) periods of imprisonment if it was not voluntary, and if the person in captivity has not committed crimes against the Republic of Moldova;
g) periods of custody and punishments if the Atonement was liable to criminal responsibility unduly or was subject to repressions and subsequently rehabilitated;
h) periods of study in educational institutions for public order and security/military (Special), the Department of education in educational institutions of Ministry of Internal Affairs, the Ministry of defence or the information and Security Service of the Republic of Moldova;

I) periods of study in institutions of higher learning, to the day, but not more than 5 years, calculîndu-se, each 6 months of special service for a year of study;
2 March)-13 august 1992, in which the person has been as a reservist in the special concentration, related to participation in military actions for the defence of the integrity and independence of the Republic of Moldova;
k) periods of activity as an employed person in civil formations of civil protection and rescue service and fire brigade;
it) other times of activity, where they are expressly provided for by law.


Chapter VDREPTURILE and DUTIES of PUBLIC OFFICERS with SPECIAL STATUS.  ONLY INCOMPATIBILITĂŢISecţiunea, 1Drepturile and BANS public functionary with special status in article 42. Rights of civil servant with the special status of public Servant with special status has the following rights: the right to choose) and know their rights and obligations;
b) right to evolve into career mode and the conditions laid down by the order of Ministry of Internal Affairs;
(c) the right to wage payments) and other pecuniary rights determined by the legislation in force;
d) entitled to uniform, the special equipment and protection, to health care and psychological, at the hearing, as well as to medicines free of charge, under the conditions laid down by the Government;
e) right to housing service in accordance with the law;
f) entitlement to paid annual leave of rest, the holiday paid annual holidays and additional unpaid leave, as well as social legislation and collective labour contracts and collective agreements;
g) the right to treatment and recovery under the conditions established by the Government;
h) are entitled to refund of travel service;
I) the right to port as standard or personal weapons in accordance with the law;
j) right to compulsory insurance and protection by the State according to law;
k) right to legal assistance, based on demand for the situations that concern the performance of job duties, in accordance with the procedure laid down by the Ministry of Internal Affairs;
it) the right to organizing and attending meetings with professional and social character, outside office hours;
m) the right to travel freely in the course of their work, in accordance with the provisions of this law;
n) the right to material and technical equipment;
a) other rights provided by law.
Article 43. The right to compensation for risk Professional (1) a public Servant with special status is entitled to the reward for professional risk resulting from specific activities in electromagnetic environment with an intensity more than the values allowed, flammable substances, explosive, radioactive, contaminated and harmful to the environment, under conditions of isolation, physical and mental overload.
(2) the reward for occupational risks mentioned in paragraph 1. (1) shall be determined by the Government.
Article 44. Political and social rights (1) civil servants with special status may be associated and may constitute professional associations with the character, humanitarian, scientific and technical, cultural, religious and sports-recreational, without prejudice to the exercise of powers by the service.
(2) civil servants with special status have the right to form and to join trade unions for the protection of their legitimate interests, the right to appropriate remuneration of labour, the right to social protection and to specific measures to protect health and safety, taking into account the special nature of the service within the Ministry of internal affairs.
(3) civil servants with special status, regardless of rank or position held, have the right to be elected in an elective.
(4) with the registration as a candidate, the official public with special status is suspended from his duties for the period of the electoral campaign.
(5) in the case of the choice of elective in a position where, ratio of public functionary service with special status is terminated under this law.
Article 45. The right to health care and to medical assistance (1) the public Officer with special status shall receive medical assistance and treatment (outpatient and inpatient) in any public medical-sanitary institution of the Ministry of internal affairs. If medical care cannot be ensured in public medical-sanitary institutions of the Ministry of Internal Affairs, it is granted in another public medical-sanitary institution, with reimbursement of expenses within the limit of allocations from the State budget, in the manner and under the conditions laid down by the Government.
(2) a public Officer with special status is submitted annually a Nr.22 in public medical-sanitary institutions of the Ministry of internal affairs.
(3) if necessary, the treatment of the special status of public functionary shall be effected abroad the Republic of Moldova under the conditions set by the Government.
(4) a public Officer with the special status which lost times i diminished work capacity in connection with the performance of job duties shall receive treatment free of charge, and in case of necessity-free prosthesis and medical-sanitary institutions, under the conditions laid down by the Government.
(5) an official public with special status is entitled to the sanatorium to recover health, as established by the Government, within the limits of the appropriations from the State budget (6) public Officer with special status that has contracted for trauma or serious category during the performance of the obligations of the service shall be entitled to recover in the manner established sanatory.
Article 46. Ensuring housing service (1) the Ministry of Internal Affairs and its housing service creates in the manner established by the Government.
(2) If the public officer with special status and its spouse do not hold ownership of a dwelling in the locality, it is entitled to the housing service for the period of activity in question.
(3) residential Space allocated within the limits of available funds in the manner established by the Ministry of internal affairs.
(4) where a public officer with special status may provide a proper dwelling, they would receive an allowance for the rental dwelling in the size and manner established by the Government.

(5) housing Space of service assigned special status of civil servant shall be subject to privatization.
(6) In the event of termination of service, the official public with special status is required to release the space housing the service within a period of 3 months, regardless of the duration of its work in the Interior Ministry.
(7) in the event of the death of the special status of civil servant, occurred in connection with the performance of obligations or due to mutilations (injury, trauma, contusion), the family of the deceased or persons maintained by it shall remain entitled to the housing service for a period of 5 years from the date of legal death.
(8) In the event of termination of service under article. 38 para. (1) (a). e) as a result of mutilations (injury, trauma, contusion) in connection with the exercise of official duties, public service with special statute shall maintain the right to housing space of service over a period of five years following the end of the report.
Article 47. The right to travel (1) for the purpose of exercising his powers, the official public service with special status shall be entitled to travel free of charge throughout the country, in all kinds of public transport urban, suburban and interurban (except for taxis).
(2) a public Officer with special status is entitled to the reward for transport costs used in connection with the exercise of his powers.
Article 48. The right to free transport (1) the right to free transport entities shall ensure on behalf of Ministry of internal affairs in the following cases: (a)) public functionary with special status, including members of his family and of his personal assets in the event of a transfer, at the initiative of the employer or the person authorised by him, to another entity and in another locality;
b) body of a public functionary with special status in the exercise of the function and transport of persons accompanying during funerals, as well as, where appropriate, the transport of members of his family and of their personal property in the locality in which they are to reside within the territory of the Republic of Moldova.
(2) the mode of application of paragraph 1. (1) shall be determined by the Ministry of internal affairs.
Article 49. Right to remunerate and allowances (1) Remunerate public functionary with labour special status shall be made from the State budget, as required by law.
(2) in the event of termination of service, pursuant to art. 38 para. (1) (a). b), c), and (e)), the special status of public servant shall receive an allowance, the amount of which varies according to the length of the calendar bodies national defence, State security and public order as follows: (a)) until 5 years-of 3 monthly salaries;
b) from 5 to 10 years-in 6 monthly salaries;
c) for 10 to 15 years-in size 8 monthly salaries;
d) from 15 to 20 years-10 monthly salaries;
e) from 20 to 25 years-in size 14 monthly salaries;
f) from 25 to 30 years-in size 16 monthly salaries;
g) for over 30 years-in size of 18 monthly salaries.
(3) the single Allowance shall be granted only once in his career.
(4) in the case of termination of the service report entitled, the allowance referred to in paragraph 1. (2) shall be fixed so as to exclude the value of compensation received in the past.
(5) where the ratio of service is terminated pursuant to the provisions of art. 38 para. (1) (a). f), public servant with special status shall receive an allowance under the conditions laid down in the labour legislation.
(6) The age of the license mentioned in paragraph 1. (2) it includes all public functions in old (military specials), under the present law.


Section 2-aObligaţiile public functionary with special status in article 50. Obligations of civil servant with the special status of public Servant with special status has the following obligations: a) to abide by the Constitution and laws of the Republic of Moldova, the fundamental rights and freedoms of man, to be loyal to the institution;
b) to act with competence, responsibility and devotion to the performance of the service, to protect and promote the national values and interests of the Republic of Moldova, including in circumstances where the life, health and his belongings are threatened;
c) to comply with ethical rules and oath deposed;
(d)) to be disciplined and vigilant, to demonstrate initiative and perseverance, to consecrate the work of professional fulfilment, integrity, and fair conştiincioase of job duties;
e) comply with the principles, norms and rules of professional activity;
f) to ensure the protection of State secrets, information regarding personal data which becomes aware in the performance of job duties and other information with restricted access, the secrecy of their sources, to preserve the secrecy of the work carried out;
g) to continuously improve its vocational training;
h) to submit the Declaration of wealth and personal interests in the manner and under the conditions provided for by law;
I) have a behavior upright public activity and in his personal life;
j) to declare symbolic gifts, those offered in civility or received on the occasion of protocol actions, the value of which does not exceed the limits set by the Government;
k) to know and maintain orderly condition in technique and equipment, to keep and to manage effectively the heritage entrusted to use the service;
l) to show respect for every person, especially towards vulnerable groups;
m) to be respectful, fair and comely dealings with managers, colleagues, subordinates;
n) to assist colleagues in performing job duties;
a) to inform the head upwards and the competent authorities in respect of acts of corruption committed improper influence times staff or those committed upon by other civil servants with special status which has come to their knowledge;
p) to show dignity in his capacity as a public official with a special status;

q) ensure, according to powers, the citizens are properly informed about the information of public interest and personal interest for citizens;
r) inform without delay the human resources structure of the entity and the specialised Authority Ministry of Internal Affairs about gaining quality suggesting procedural or defendant, defendant, as well as about measures of criminal procedural decisions handed down criminal times arranged against it;
s) go to the Office in accordance with the programme of work, as well as outside it, in duly justified circumstances, for exercising the functions of the service, with the reward of time worked according to the laws;
t) to present themselves immediately to the entity operating in an emergency or in the event of major disturbances of public order and peace;
u) to act in accordance with the law in the case of the establishment of a State of siege or in case of mobilization and war.


Section 3 of Restricting certain rights and freedoms.
Bans and incompatibilities Article 51. To restrict certain rights and freedoms (1) restricting the rights and freedoms of the public functionary with special status: a) the membership of political parties, party or socio-political activities of deployment times propaganda in their favor;
(b) organizing or attending) strikes;
c) arranging and participating in political meetings;
d) promoting political opinions or preferences during or in connection with the performance of job duties, in the workplace or during office hours;
e) spread of any attitudes toward religion, adhering to religious groups, organizations or other parties are banned by law.
(2) a public Officer with special status may not turn into a function in direct subordination of a relative straight line or catch (parent, brother, sister, son, daughter) or a relative by affinity (spouse, parent, brother or sister of the spouse).
(3) the limitation provided for in paragraph 1. (2) shall also apply in the event that the head of the special status of civil servant exercises a function of public dignitaries or public office with special status.
(4) within 30 calendar days of the situations referred to in paragraph 1. (2) and (3), the official special status public take action with a view to termination of the direct subordination.
(5) where a public officer with special statute does not comply with the provisions of paragraphs 1 and 2. (4) the employer or the person authorized by him shall decide in an official transfer similar function or one, which would exclude such subordination. If the transfer is not possible, the employer or person empowered by this cessation of service of public officers with special status.
Article 52. (1) prohibition of civil servant with a special status: it is prohibited) to use for personal purposes or for purposes other than those of financial assets service, technical materials, special equipment and other property of the State, as well as service information made available to it for exercise or to which it has access by virtue of their fulfilment;
b) to abuse its capacity and to its private, the times publishes, the prestige of the institution or of the function in which it participates;
c) to apply physical force, special means or firearms contrary to legal provisions;
d) to hold, within the Ministry of Internal Affairs, directly or through intermediaries, likely to affect her objectivity and independence;
e) require or accept gifts, services, favours, invitations or any other consideration, intended for his or her family personally;
f) to draw up, to print or broadcast the materials or publications with political nature, immoral or instigates indiscipline;
g) to undertake other actions prohibited by law.
(2) a public Officer with special status has the right to submit public information and data obtained in the exercise of his powers. It can make comments regarding such information and data only if it does not infringe the principle of the presumption of innocence, does not infringe the right to image, dignity, life family times of any private persons and are not affected by State security interests.
Article 53. Incompatibilities in the activity of public functionary with special status (1) a public Servant with a special status has the right to carry out remunerated activities: a) in the context of other public authorities, except where it is suspended from Office during that period in accordance with the law;
b) dignity in public functions or functions within the Cabinet of the person exercising a public function of dignity, unless it is suspended from Office during that period in accordance with the law;
c) on the basis of the individual labour contract or other contract in the context of civilian companies, cooperatives, State or municipal enterprises, and non-commercial organizations in the private or public sector, whose activity is controlled, subordinated to or, in some respects, it is within the competence of the authority in which the official is employed, except scientific, teaching, activities of creation and representation of the State in economic societies. How combination of these activities with the special status is determined by the Government.
(2) a public Officer with special status has the right to carry out entrepreneurial activities, except for the possession of the founder of a company, or to facilitate, by virtue of its function, the entrepreneurial activities of natural or legal persons.
(3) a public Officer with special status may not be representative of third persons in the public authority which carries out its activity, including with regard to carrying out actions in relation to the function which it undertakes.

(4) a public Officer with special status involved in one of the activities listed in paragraph inconsistent. (1) to (3) shall, within 30 calendar days from the date of the occurrence of the situation of incompatibility, to cease activity incompatible with its function times, where appropriate, to lodge a request for resignation from public office with special status. If within the time limit mentioned official does not undertake actions with a view to the liquidation of the incompatibility, the employer or person empowered by him resorting to measure service termination report.


Chapter VIDISCIPLINA MUNCIISecţiunea 1Stimularea public functionary with special status in article 54. Incentives for outstanding results at work, the employer or person authorized by him may be granted special status of civil servant following incentives: a disciplining lifting the sanction applied);
b) expression of thanks;
c) exposure of his photography on the honor;
d a diploma of) merit award;
e) awarding cash prizes;
f) granting gifts of price;
g) the granting of a title of honor, has a distinction of the Interior Ministry or Department;
(h) the grant of a special degree) ahead of schedule;
I) awarding, shooting and burning them with text certifying the awarding;
the inclusion of his name) in the book of honor.
(2) for outstanding achievements, the Minister of internal affairs can publicly proposes to decorating the official special status with one of State distinctions of the Republic of Moldova.
(3) a public Officer with special status under the effect of a disciplinary sanction may be stimulated just by picking up the disciplinary sanction in question.
(4) a public Officer with special status is informed personally about granting incentive measure in the Assembly on the staff of the entity.
(5) public servant after retirement, with special status can keep gun fire received as incentive, in compliance with the legal provisions.


Section 2-aRăspunderea legal, disciplinary and punish deviations thereof Article 55. Regulation of labor discipline discipline is governed by the provisions of this law and other normative acts.
Article 56. Legal liability (1) the public Officer with special status in breach of legal skills with guilt and responsibilities incumbent on service is held liable for disciplinary, civil, administrative or criminal liability, depending on the seriousness of the situation.
(2) a public Officer with special status is absolved of liability if damage or harm to persons as a result of the completion of the fold of his service in the event of justified intervention, within the limits of the law, to protect the interests of the State, persons, for saving lives, goods or values.
Article 57. Disciplinary infringements shall be regarded as disciplinary actions or inactions of public functionary with special status, committed with guilt, which violates the laws, other normative acts, restrîngerile, bans and incompatibilities of this law, the requirements of the job description.
Article 58. Disciplinary sanctions (1) depending on the seriousness of the facts committed and the degree of guilt, the special status of public functionary may apply the following sanctions: a disciplining) warning;
b) reprimand;
(c) severe reprimand;)
d) demotion with a special degree;
e) demotion;
f) dismissal from public office with special status.
(2) the penalties imposed shall be taken in the light of the performance appraisal, the granting of special grades, promotion and reward, except that their effects were off times they were lifted as a reward under the present law.
Article 59. The conditions for the application of disciplinary sanctions (1) disciplinary Sanctions shall be applied by the employer or the person authorized by him.
(2) prior to the application of disciplinary sanctions, the employer or person authorized by him is obliged to request special status of civil servant with a written explanation to the offence committed. Refusal to this explanation shall be recorded in a report signed by a representative of the employer or of the person authorised by the latter and, where appropriate, a representative of employees.
(3) the findings of the investigation service relating to the deed committed which shows data and indications that an offence has been committed shall be submitted for examination by the prosecution.
(4) a public Officer with the special status of the investigation service has the right to know in full the investigation materials, in compliance with the legal regime of personal data and of the information attributed to State secret as well to request and/or to present evidence in his defense.
(5) The disciplinary sanction individualization shall take account of the work of the special status of civil servant, of the circumstances under which it was committed disciplinary deviation, causes, gravity and the consequences thereof, the degree of guilt, as well as concern for the removal of the consequences of the offence committed.
(6) For the same misconduct cannot be applied to more than one disciplinary penalty.
(7) the general conduct of the investigation the service scope, mitigation, aggravation and lifting of disciplinary sanctions shall be established by the Government.
(8) the application of disciplinary sanction does not preclude criminal liability, contravention or civil, as appropriate.
(9) the disciplinary Sanction shall be applied within 30 days from the time of the finding of the irregularity.
(10) the deviation observed in believes is harassment by the time deviation approval conclusion committed.
(11) the investigation service is held for a period of 30 days from the time of its initiation by the person entitled, with the possibility of being suspended if the guilt to be established by the other organs of the rules of law or where the employee is in annual leave, unpaid leave for study or medical leave and in other circumstances a denotes the impossibility of definitive conclusions in the investigation.
(12) the investigation period of service shall prohibit the promotion of employee, granting it special, degrees of skill categories and leave the rest.

(13) as the leader of the hierarchically superior body, Interior Minister grants incentives and disciplinary penalties apply to public servants with special status.
Article 60. Time limits in which disciplinary sanctions take effect (1) the time limits in which disciplinary sanctions applied to produce effects are the following: a) warning-3 months;
b) rebuke-6 months;
c severe reprimand)-9 months.
(2) the effects of disciplinary sanctions for relegation in the depending on the grade and is considered to be extinguished from the time of application. 
(3) a public Officer with special status with relegation depending on the punishments can be promoted in accordance with the provisions of the present law function, but no earlier than 6 months after the application of disciplinary sanctions.
(4) as a form of disciplinary sanction, may be raised by the employer or the person authorized by him, which applied it, but not earlier than the expiration of half of the term referred to in paragraph 1. (1) and (5) public Officer with special status is restored in the special ranking previously held by the employer or the person empowered by him after the expiry of one year after the application of disciplinary sanctions of relegation with a special degree.
Article 61. Appeals against disciplinary sanctions (1) challenging the disciplinary sanction shall be effected in accordance with the legislation in force. 
(2) in the case of appeal against a disciplinary penalty, execution shall not be suspended.
Article 62. Compensation for damage caused by a public official with the special status of public Servant with special status will not pay compensation for the damage caused if it was produced in the exposure limit for professional risk based conditions or regulations for exemption from civil liability for causing damage.


Chapter LEGAL and SOCIAL VIIPROTECŢIA of the PUBLIC FUNCTIONARY with SPECIAL STATUS in article 63. The ticket (1) public Officer with special status are identified with the ticket office. Types, models, issuing, withdrawal and destruction of the evidence of identity papers, the service shall be established by the Ministry of internal affairs.
(2) ticket service confirms the status of civil servant with special status, including the right of portarmă, ammunition and special means.
(3) upon termination of the service, as well as during the period of suspension from Office, the official public with special status shall be obliged to surrender the ticket.
Article 64. Uniforms and distinctive insignia (1) a public Servant is provided with special status with uniform on account of the State budget.
(2) detailed rules for the uniform supply shall be determined by the Government. The model uniform and distinctive marks of the Ministry of Internal Affairs, the administrative authorities and institutions of the subordination thereof shall be approved in the manner established by law.
(3) the rules for port of uniform and distinguishing marks, categories of civil servants with special status for that port is compulsory uniform during the exercise of his service obligation shall be determined by the Ministry of internal affairs.
(4) it shall be prohibited as uniform and insignia identifying the employees of other public authorities or other legal persons should be the same times similar to those of the special status of civil servant in the Ministry of internal affairs.
(5) use of illegal uniform and distinguishing marks of the Ministry of Internal Affairs, as well as desecrating them, attracts liability in accordance with the legislation in force.
(6) a public Officer with special status is provided with protective equipment and work according to legal provisions.
Article 65. Canadian intervention in the public office worker activity with special status (1) In the exercise of their public servant, with special status is subject only to the law and legal guidelines to his superiors.
(2) No person shall, outside the framework of hierarchical relationships and legal skills, he has no right to interfere in the work of the special status of civil servant.
(3) a public Officer with special status is inviolable person. Prevent the fulfilment of his obligations, touching his honour and dignity, resisting, threat, violence, assassination attempt to his life, to health, to its assets of its members attract family liability provided for in law.
(4) the legitimate Requirements of the special status of public functionary are enforceable. Requirements of civil servant with special status and the actions taken by it are considered legitimate as long as the body or person with responsibility vested with control of his business and its legality does not establish otherwise.
Article 66. Protection afforded public functionary with special status (1) a public Servant shall receive special status of protection from the dangers to which it is exposed as a result of the completion of service obligation or in connection therewith.
(2) If a public servant against the special status is on a prosecution or other legal proceedings in connection with the performance of his duties, including service after release from service, Ministry of the Interior grants legal aid in the manner established by the Ministry.
(3) a public Officer with special status is under protection of the State and of the law. The person, honour, dignity and professional reputation of the latter are protected by law.
(4) a public Officer with special status and members of his family shall be entitled to protection by the State against threats and violence to which they are or might be subjected as a result of the completion of the job duties or in connection therewith.
(5) The date of referral to the special status of civil servant concerning threats and violence to which it is or might be subjected to personal members of his family as a result of or in connection with the exercise of his powers of Office, Ministry of Internal Affairs take under protection, the official concerned and his/her family members and undertake the necessary steps to remove the danger.

(6) damage caused to the special status of civil servant or his family members, linked to his professional activity, to repair the budget from which it is paid, it will be recovered in regressive manner at the expense of the person at fault in accordance with legislation in force.
Article 67. The compulsory State insurance (1) life, health and work capacity of public functionary with special status are subject to the compulsory State insurance from the State budget.
(2) payment of compensation of public functionary insurance with special status will not be made if the insured event occurred as a result of the Commission of the servant: a) of an offence or offences;
b) a facts what is the consequence of voluntary consumption of alcohol, drugs or toxic substances;
c) suicide or attempted suicide, if such actions were not caused by a pathological condition or of actions for determining suicide;
d) other facts that have no connection with the exercise of powers by the service.
(3) in the event of mutilation (injury, trauma, contusion) in connection with the performance of job duties, the special status of civil servant i paid a single allowance in relation to the seriousness of the female, with the following values: a) slight disfigurement-1 monthly salary;
b) mutilation-3 average monthly salaries;
(c) serious disfigurement-5) monthly salaries.
(4) In the event of termination of service on the grounds indicated in article 1. 38 para. (1) (a). e) as a consequence of mutilations (injuries, traumas, contusions) related to the duties of the public functionary Service Statute, particularly a single indemnity is payable, the amount of which shall be determined by giving for each percentage of loss of capacity for work of an average monthly salary calculated over the last 6 months prior to the occurrence of insured event, according to the last positions held.
(5) in case of occurrence of dizabilității public functionary with special status in connection with the performance of his duties or following the termination of his service in the Ministry of Internal Affairs, but as a result of a period of service, if lacking the basis for receiving the pension, until restoration work capacity he shall be paid a monthly allowance reported in monthly salary according to the last positions held with the following values: 100%-of) for severe disability;
b) 80%-disability worsened;
c) 60%-average disability.
(6) a public Servant with a special status which receives compensation pursuant to paragraph 4. (5) do not benefit from the same time and disability pension.
(7) in case of injury to health or of contracting a disease in relation to the exercise of their duties, in the case of an ordinary illness or accident not bound by labor, which led to a temporary loss of work capacity, public servant with special status retains the rights for a period of up to 180 days in a calendar year. Starting with the 120-day, pay shall be paid only in cases where continuation of leave, with the opinion of the National Council for the determination of disability and work capacity.
(8) in the event of the death of the special status of civil servant, occurred in direct connection with the performance of his duties or as a result of mutilations (injuries, traumas, contusions) incurred as a result of the exercise of his service obligations, the family of the deceased or persons maintained by the it benefits from a single indemnity in the amount of 120 monthly salary, according to the last positions held by the deceased. For 5 years from the date of the death of a public officer with special status, those which were at its maintenance, shall receive a monthly allowance is equal to the monthly salary corresponding to the last positions held by it. At the end of the period covered by a pension is established in connection with the loss of întreţinătorului, in the manner prescribed by the legislation in force.
Article 68. Pension rights of public Servant enjoys special status in accordance with the law of military pensions insurance and persons from the body and the organs of internal affairs troops No. 1544-XII from June 23, 1993.
Article 69. Social protection of members of the family of public functionary with special status (1) For children with specific status of public functionary shall ensure places in pre-school institutions.
(2) Children with special status of public functionary of the deceased or of the person who has contracted a disability in connection with the exercise of powers by the service are registered without specimen in educational institutions of Ministry of internal affairs if they fulfil the conditions laid down in this law.


VIIIDISPOZIŢII TRANSITIONAL and FINAL PROVISIONS chapter Article 70. Transitional provisions (1) the employer or the person empowered by him will be extended, in agreement with the public official with a special status which has been previously established, the ratio of pension service thereof for a period not exceeding five years, but not less than three months from the entry into force of this law, without taking into consideration the date on which the pension was fixed.
(2) the report of the special status of civil servant in receipt of a pension in accordance with the law to ensure the pensions of servicemen and persons of the body and the organs of internal affairs troops, but which do not fall within the scope of paragraph 1. (1) of this article, shall cease by virtue of art. 38 para. (1) (a). c) of this law.
(3) an employee of the Ministry of Internal Affairs, which falls under the provisions of art. 68 para. (1) of law No. 320 of 27 December 2012 on the activity and status of the police and Police continue to work in the Ministry of Internal Affairs, regardless of function, shall enjoy all the rights and guarantees provided for by this law until the accumulation of seniority in service that provides pension rights under the law on pension insurance to military personnel and command and Corps troops of the organs of Internal Affairs with concomitant cessation of service report under the conditions laid down in article 21. 38 para. (1) (a). c) of this law.

(4) students of the Academy "Stefan cel Mare" of Ministry of Internal Affairs shall be considered civil servants with special status for a period of 5 years after the entry into force of this law.
(5) the entry into force of this law, persons employed within the central apparatus of the Ministry of internal affairs which, until the entry into force of the law on Police activity and status of the policeman, police have served and continue to operate uninterrupted public officials within the central apparatus of the Ministry of Internal Affairs shall be equated with degrees of qualification held special grades as follows : the State Councillor) of the Republic of Moldova of class I-general Marcus Licinius Crassus;
b) State Councillor of the Republic of Moldova of class II-Chief Constable;
c) State Councillor of the Republic of Moldova of grade III-Quaestor;
d) State Adviser of class I-the Chief Commissioner;
e) class State counselor II-Commissioner;
f) State Adviser of grade III-Commissioner;
g class advisor)-inspector;
h) second class Advisor-senior inspector;
I) Advisor class III-inspector.
(6) the provisions of this law shall apply to the action and disciplinary sanctions applied until the entry into force of the latter.
In article 71. Comparability of military ranks and other special care as those of grades with specific status of public functionary of the Ministry of Internal Affairs (1) civil servants with special status who have special ranks of Sergeant and soldier, sub-lieutenant, the entry into force of this law shall be accorded, as appropriate, special grades of related body of non-commissioned officers and Special grades, respectively, of the body of inspector related officers, regardless of education level. Length of special grades previously awarded shall be calculated in accordance with the provisions of this law.
(2) after the entry into force of this law, special grades of persons holding public office with special status within the central apparatus of the Ministry of Internal Affairs and the administrative authorities and institutions under its equals, maintaining the rights acquired previously as follows: a) general-colonel-general Marcus Licinius Crassus;
b) lieutenant-general-in-Chief Constable;
c) major-general-Quaestor;
d) colonel-in-Chief Commissioner;
e) lieutenant colonel-Commissar;
f major)-Commissioner;
g)-inspector captain;
h) Lieutenant-major-senior inspector;
I Lieutenant, sub-lieutenant)-inspector;
j) important adjutant-Chief agent;
Junior sergeant-major k)-Chief agent;
l) important-Deputy Chief agent;
m)-major Sergeant-agent;
n) Sergeant-agent;
a Sergeant-inferior) corporal, Trooper-agent.
(3) in the case of employees of the General Inspectorate for emergency situations, for a period of up to 2 years, the designation of special grades will be reported as follows: (a)) grades NCO Corps related specials and deadlines of the respective ranks are as follows:-agent/Sergeant-lower domestic service-one year;
-superior agent/internal service Sergeant-2 years;
-master/agent sergeant-major of the internal service-3 years;
Chief Deputy-agent/service important internal-4 years;
-agent-junior sergeant-major Chief/Service intern-5 years;
-Chief agent-principal/important internal Department adjutant;
b) special grades of officers and body related timelines of respective grades are the following:-inspector/Lieutenant of domestic service-2 years;
-senior inspector/lieutenant-major domestic service-3 years;
-the main inspector/captain of the internal service-3 years;
-Commissioner/major domestic service-4 years;
-main/Commissioner lieutenant-colonel of the internal service-5 years;
-Chief Commissioner/Col. of the service;
-Quaestor/major general domestic service;
-Chief Constable/lieutenant-general of the service;
-Quaestor-general/general-colonel of internal service.
(4) the provisions of paragraphs 1 and 2. (3) of this article shall apply in accordance with article 5. 11, 19, 20, 22 and 23 of this law.
Article 72. Final provisions (1) this law shall enter into force on May 25, 2017.
(2) the Government shall, until the entry into force of the present law: a) will submit to the Parliament proposals on the implementation of legislation consistent with the present law;
b) will put its normative acts in compliance with this law.

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